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Everything posted by empowered

  1. Thought I was on the wrong site for a mo! Don't like at all..... especially when you just want a quick dip in to see what's happening. It seems so characterless now
  2. Need advice on the best way forward here! Will try to keep brief... 26th June - lunchtime... sudden onset of crushing pain in left hand side over ribs and lungs - felt couldn't breathe and pain was coming in waves. Spoke with out of hours service (ThamesDoc), explained circs and made quite clear no pain in left hand arm or centre of chest, therefore not heart attack but crushing pain in lungs and felt as though I had been kicked by a horse. They arranged for me to see out of hours GP at local hospital that afternoon. By the time I'd got there, pain had subsided and I reiterated the symptoms to the GP and also mentioned that I suffer from high BP. She took NO obs and briefly listened to RIGHT side of chest and said I possibly had the onset of shingles (however no rash) or a torn muscle and to take Ibuprofen. Have to say I had never heard of shingles causing a lung pain:cool: Following Thursday morning I collapse at home on my own in excruciating pain, unable to breathe and managed to call ambulance and taken to A&E. Subsequently discovered after chest xray taken, that I had well established pneumonia and had to spend 16 days in hospital. Doctors who I subsequently saw said I had had it for at least 2 weeks and I was one day away from ICU if I had left it another day:eek: Now, why didn't the OOH GP send me next door to the A&E for a chest Xray when I went on the Saturday and complained of lung/breathing problems? All of this occurred a month ago and I have at least another month of antibiotics as the lower part of my lung is still gungy. I am self employed and have so far lost 1 months income which can be proven. I am very loathe to consult lawyers who will only want their pound of monetary flesh and wonder if a strongly worded letter to the CEO of Thamesdoc would be productive. All I want is for my LOE to be settled and an enquiry into this GP so that she doesn't do this haphazard diagnosis for someother poor soul who may be elderly, or have young children at home. PS I have absolutely no complaint against the hospital or medical/nursing staff who were absolutely brilliant. Any advice gratefully received. Many thanks
  3. ..... and still dealing as normal with all PH/TP claims.... administration has not altered anything in the normal day to day running;)
  4. If you look in the small print of the contract hire document you will see that you will be liable for credit hire charges if the credit hire company cannot get reimbursement from the insurance company. Basically you and the repairing garage have a duty to mitigate losses - was your damaged car drivable? You could have accepted a lesser model. Did you have access to another car? Any insurance company would query and dispute such a high charge.
  5. £26K:eek: What were you driving.. a Ferrari? Basically the other insurance company are probably trying to find out if you could have been well off enough to have hired a car yourself or if car hire was even necessary. How long did the repairs take? They are probably disputing the car hire bill and refusing to pay your insurers.
  6. ... and as its BOS they will say they didn't even need to send you a D/N, instead relying on a clause in the agreement that lets them terminate at any time... and the judge agreed:eek: the blank template they supplied was very swiftly brushed under the carpet:cool: forget about quoting statute law - they both totally ignored my objections:-x
  7. CB - I can well remember when you first came aboard CAG.. look at you now.. havn't you come on leaps and bounds:p You truly are a little star;) Vjohn - thank you so much for your offer. I know we've been screwed and have discussed with OH. If we would afford legal representation we would appeal but the thought of having to go through all that again brings us both out in a rash and worse. We are still shocked at the speed with which barrister railroaded this through and the contemptous comments of the DJ who said it was people like OH who was causing the banks to lose money and causing problems for decent minded customers who are now hit with monthly charges:-o We just weren't quick enough on the responses and were honestly lost with some of their arguments. The barrister advises banks and financial institutions and we cannot appeal without proper legal help. (If she were my daughter, I would have been immensely proud of her:p). Think we'll have to call it a day unless we win the lottery fairly soon in order to pay for representation. We both feel too sick to proceed any further. I look at this as win some/lose some - Lloyds had to discontinue 2 claims and we've got charges back plus PPI so I suppose it evens itself out in the end. Thank you all x
  8. Be very very careful when it comes to costs. Barrister informed judge of my log in name and thread title which he then found on his computer....and said because we'd been communicating on a forum and getting all our info/advice, which he deemed as causing extra work for ScM, and promptly awarded them their full £6K costs:eek:
  9. off to pub with family:D trying not to think anymore about it but it just makes my blood boil:cool:
  10. If it was small claims then we would appeal but cannot afford to run up another £6K for their costs:eek:
  11. Yes, D/N is mentioned in their POC Don't want to go the route of redetermination and run the risk of a CO if anything should go wrong with payments - will pay and at least its done and dusted:mad:
  12. Hi hun Nice to see you still up and running:p Link here http://www.consumeractiongroup.co.uk/forum/legal-issues/158754-court-action-bos-aa.html Appeal? Don't think so - its already cost us £11k+ and we'll have to appoint a solicitor which will add to even more costs as I cannot represent OH at an appeal. Counsel is a top barrister for the banks and financial institutions so certainly knows her onions!
  13. Hi Andy Their argument which judge agreed with was they didn't need a D/N to terminate due to the clause which allowed them to contractually terminate. Judgment - all i know is that counsel asked for costs within 14 days. No mention was made of forthwith for the balance claimed:-? At least we've got 1 ring binder out of them plus loads of case law if anyone needs it , plus I've lost 5lbs in weight - all for £6K:rolleyes:
  14. Losing in court today and having to pay £6K in costs due to counsel advising judge that they had monitored my thread on CAG and that it is almost endemic for people to use consumer forums and it is rife throughout county courts. He went ballistic at the amount of work we had generated for the bank/solicitors, with a mountain of paperwork (all case judgements provided by counsel) which he flung on his desk! Silly people - they should have just printed off the relevant parts like we did, and save a few trees;)
  15. I mentioned this and the judge just rode roughshod over my objection and said that as it had OH personal details on it, plus T/Cs on the back, it was good enough for him to prove that we had signed it and spent the money. If you want to get into other CPR arguments, he didn't agree that their failure to comply with 4 court orders earlier held any water:eek:
  16. In a word, nope. Judge said it would have been cheaper for us to instruct a solicitor but the result would have been the same - there was literally nothing more I could use. If we had a solicitor we would have been even worse off financially! The judges and the banks seemed joined at the hip. Suppose they have to recoup their losses somehow:rolleyes:
  17. The exact wording in their argument is "The D/N is only required where the creditor wishes to rely on a breach. Where the agreement provides the right to terminate contractually, as in clause 15, reliance on a breach is not necessary. Credit card agreements generally contain this right as they are open ended agreements"
  18. both Counsel and Judge were adamant that because of the clause in the T/Cs they could terminate when they liked without need for a D/N - I'd never heard of this before so couldn't fight back:(
  19. Hi there have just got back from court where we lost today. Bank confirmed they had no original agreement and supplied photocopied front and back. Cos it had our sig and personal details on it, plus the core terms, judge deemed it to be enforceable. Carey was also mentioned today.
  20. Hi Andy Just got back from nice pub lunch to recover... from the moment we got into the court room it was no hoper:mad: Counsel turned up with a paralegal from SCM plus witness from the bank. It took much referencing to books by His Honour plus counsel to see if I was allowed to be a lay representative which they agreed with. Counsel did her bit, to which I was allowed to bring up my points and then His Honour summed up. It got quite dizzy having to get up and down each time I addressed His Honour:grin: He said our entire defence was without merit. Bank did not need to supply D/N as under clause xx they could terminate the agreement at any time and that a Formal Demand is sufficient precursor to making a claim. He couldn't agree that the agreement was unenforceable as it clearly had the photocopied terms on the back and OH had signed it, and a all his personal details were on the front. He said that all the points raised by us were purely technical. He said that the fact that the summons amount had now been reduced didn't matter. He didn't accept the unlawful charges being applied on the arrears request on the D/N, as the D/N wasn't required in any case and quoted Rankine and the OFT re penalty charges. They also made great reference to Carey, McGuffick. He paid tribute to my research and presentation as a non lawyer and summed up by saying it was an unattractive attempt to avoid paying for goods and services. Counsel then brought up the matter of costs to be awarded on an indemnity basis. She then mentioned that they had been following this thread, quoting my user name and title and all my advice had come from forums:eek: (since when is that against the law - would consulting law books as opposed to the internet made any difference?) Due to the amount of documentation, printing and vast number of technical points that we had incurred, he awarded full costs of nearly £6K payable in 14 days plus payment of the debt. I think we've been made an example of, over what was quite a small amount approx £5500 as they know we are part of CAG and would appear to want to spread the message that everybody think very seriously before you get mixed up with ScM and BOS:cool: Am having a ceremonious bonfire this weekend to burn all the paperwork - at least its over and in a funny way, quite a satisfying challenge at being able to speak in a proper courtroom. From the start, it was apparent he was very clued up on consumer law and was on the bank's side from the outset. Thanks to everybody for their help and advice. Am going to have my first relaxing weekend for months:p Debs xxx
  21. Thanks so much guys for your help - hope we don't let CAG down:p
  22. thank you for your all your help and kindness Andy - both Mr E and myself are very very appreciative:-) Am actually feeling very chilled out and relaxed about it all now - have a whole load of questions ready ripping their "evidence" apart, case law/statutes all printed and cross referenced and I feel a new day job coming on! Thank heavens for the advice to send in the skelly earlier so that the DJ gets time to get up to speed. If its the one that did our CMC I am feeling quietly confident cos he did drop quite a few hints and seemed to know consumer law;-)xx
  23. 10.30 tomorrow. I really don't think I can do any more on this apart from keep reading and re-reading both skellys and pulling their w/s apart. Confuse and fudge? That's a very good description of me at the moment:D
  24. No they havn't but don't want to give them a chance to reissue a revised POC - could they take that route?
  25. Hi Andy Penalty charges - they sent another w/s yesterday saying as a gesture of goodwill etc they will reduce claim by the difference charged and the FOT recommended charges - they have attached a spreddy showing this amount. Agreement form and DN I am well versed in! Re costs: they include work done plus attending court £2668, plus counsel fees of £2000 plus court fees. Will need a suitcase to take all these blooming files in tomorrow:D. Looks like a couple of trees have been wasted what with all ScMs printing. Spending the afternoon, making final notes etc so will shout if I need any further help:-) Thank you soo much Debs x
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